9/15/22- Town Officials Grandfather existing STRs in Highlands
After over a year of fighting this issue, the board passed an ordinance inclusive of nonconforming use rights for existing short term rentals removing the amortization “at this time.”
8/25/22- SH Attorneys send Notice of Deposition to Town Officials
Today marks one year since the Town of Highlands initially voted to ban STR’s. Today our attorneys filed a motion for part of our attorneys fees leading up to when the initial ban was rescinded. In addition to serving the Town officials with Notices of Deposition. Officials include Pat Taylor, Amy Patterson, Brian Stiehler, Eric Pierson, John Dotson, Michael Mathis, and Josh Ward.
8/10/22- Institute For Justice Speaks Out In Favor of Save Highlands
Today a press release was made by the Institute For Justice clarifying land use laws on nonconformities and amortization to the Town of Highlands. The Institute for Justice (IJ), is the nation’s leading law firm for liberty and a nationally recognized advocate for property rights. In addition to successes at the state and federal level, including the United States Supreme Court, IJ also successfully represented Peg and David Schroeder in their challenge to Wilmington’s short-term rental regulation.
6/17/22: Second Records Request
Today Save Highlands attorneys, Allen Stahl + Kilbourne submitted a records request to the Town of Highlands pertaining to our lawsuit. That request is a matter of public record and a copy can be seen below.
6/7/22: Legal Update
Save Highlands attorneys, Allen Stahl + Kilborne send a prelitigation letter to the Town of Highlands demanding they rescind the amended UDO ordinance voted into place on May 19, 2022.
To Summarize The Towns Response To This Letter…
• Town acknowledges the new ordinance is not effective because the required process was not followed
• Town blames newspaper for dropping the ball on the publication
• Because the ordinance is not effective, there is nothing new they can enforce through it
• Town says it will start over at Planning Board
• Schedule of new hearings should be available soon
5/19/22: Town votes in STR Ordinance
After an 8 month silence, the Town of Highlands has dismissed the recommendations set forth by the Planning Board, ignored the advice of their hired legal council, and rushed through a new version of the draft ordinance with a vote of 4-1. This ordinance bans rentals in the R-1 and R-2 zones. It infringes upon the property rights of all nonconforming uses and calls for an invalid and unlawful registration, which goes against North Carolina state law.
5/3/22: SH Redlined Proposal Sent
Attorneys for Save Highlands sent a redline version of the proposed ordinance to the Board outlining what Save Highlands believes is a fair compromise.
9/22/21: Save Highlands Reps File Appeal
Representative members of the Save Highlands group have filed an “Appeal of Decision of Zoning Administrator” with the Zoning Board of Adjustment. The Appeal was delivered to the office of the Planning and Development Director and Stormwater Administrator. Simply put, an appeal is one of the many potential remedies prior to filing a lawsuit.
9/7/21: Old Edwards Announces Support Of STR
President of Old Edwards, Richard Delany sends a letter publicly announcing support of STR. He outlines the immediate detrimental impact regulations will have on the town’s small businesses and the local economy.
9/3/21: Legal Update
Today our attorneys with Allen Stahl + Kilbourne submitted a records request to the Town of Highlands and Mayor Pat Taylor. Copies have been mailed via certified letter and copied to the town attorney, Jay Coward. The certified letter is public and can be seen here.